Deposit Takers Act 2023

Miscellaneous - Regulations

457: Regulations prescribing matters relating to protected deposits

You could also call this:

"Rules to Protect Your Money in the Bank"

Illustration for Deposit Takers Act 2023

When the Minister is making rules about protected deposits, they must think about the purpose of Part 6, which is explained in section 190. They must also think about how the rules will affect the Bank's work under Part 6. The Minister needs to make sure the rules are consistent with the Bank doing its job efficiently and effectively. They have to consider how the rules will work with the Bank's functions.

When the Minister is making rules under section 455(1)(d) and (f), they must think about the purpose of Part 6 again, and the economic substance of the securities. They must be satisfied the rules are necessary to ensure compensation is only available for certain debt securities. You can find more information about these rules in the related sections, such as section 455(1)(c) and Part 6.

The Minister is looking at debt securities that are like current account, savings account, or term deposit products, and are not easily tradable. They are also looking at debt securities that are similar to these products. The Minister must consider these things when making rules about protected deposits, as explained in section 190 and Part 6.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS519553.


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Part 8Miscellaneous
Regulations

457Regulations prescribing matters relating to protected deposits

  1. The Minister must, before recommending regulations under section 455(1)(c), have regard to—

  2. the purpose of Part 6 set out in section 190; and
    1. the principle that the regulations should be consistent with the Bank efficiently and effectively performing its functions under Part 6.
      1. The Minister must, before recommending regulations under section 455(1)(d) and (f),—

      2. have regard to the purpose of Part 6 set out in section 190; and
        1. have regard to the economic substance of the securities to which the regulations relate; and
          1. be satisfied that the regulations are necessary or desirable in order to ensure that compensation under that Part is available only in relation to debt securities of the kinds mentioned in subsection (3).
            1. For the purposes of subsection (2)(c), the debt securities are either of the following:

            2. debt securities that—
              1. are commonly referred to in the financial markets as current account, savings account, or term deposit products; and
                1. are not readily tradable:
                2. debt securities whose economic substance is substantially similar to any of the debt securities referred to in paragraph (a).